Agenda and minutes

Apologies for absence were received from Councillors A Bridges and Mrs J Brockway and Added Members Mrs P J Barnett and Mr S C Rudman.

It was reported that, under the Local Government (Committee and Political Groups) Regulations 1990, Councillor B M Dobson had been appointed as replacement member for Councillor A Bridges, for this meeting only.

The Board was advised that, since the last meeting, Dr E van der Zee had resigned his position as Parent Governor Representative which had resulted in one Added Member vacancy.

The Chairman proposed to write to Dr van der Zee to express the Board's thanks for his contributions during his appointment.

RESOLVED

          That a letter of thanks be sent to Dr E van der Zee on behalf of the Overview and Scrutiny Management Board.

No declarations of Members' interests were received at this point of the proceedings.

The Board noted that the last sentence of page nine of the agenda pack – Minute number 69 (Performance of the Corporate Support Services Contract) – noted that information relating to the delivery of individual IT projects would be considered at this meeting.  However, this work had not yet been completed and it was hoped that this would be considered at the meeting of the Overview and Scrutiny Management Board on 1 March 2018.

RESOLVED

          That the minutes of the previous meeting held on 21 December 2017 be agreed as a correct record and signed by the Chairman.

Following the agreement last year to give notice to the LGA and to withdraw membership from 1^st April 2018, the Chairman advised that there would be an opportunity to reflect on this decision before committing to that withdrawal.  The Chairman had been in discussions with the Leader of the Council and it had been agreed to present a joint report to the next meeting of the Board detailing the pros and cons of that decision.

The Executive Support Councillor for Resources and Communications reported that changes outside of the control of the Council had resulted in amendments to the budget.  The Council, in conjunction with the Districts and North Lincolnshire Council, had applied to become a Business Rate Pilot Scheme to allow the Pilot Area to retain 100% growth which could result in additional income of £14m.  This would be split with 40% retained by LCC and the remaining 60% apportioned between the District Councils.  The intention was for the additional income to be ultimately used to draw down less from reserves next year.

The Chairman invited Councillor C S Macey (Chairman of the Health Scrutiny Committee for Lincolnshire) to update the Board following the meeting of the Health Scrutiny Committee for Lincolnshire on Wednesday 17 January 2018.

Councillor Macey advised that the Committee had agreed to make a second referral to the Secretary of State for Health and Social Care, in relation to Grantham and District Hospital A&E department, on the grounds that this was a permanent overnight closure and one which was felt to be a substantial variation.  It was reported that a number of changes were underway within United Lincolnshire Hospitals NHS Trust (ULHT) which the Committee had been involved with throughout the process.  As a result of these changes, it was expected that the referral would be referred back for local determination.

Councillor Macey reported that the closure of the Lincoln Walk-In Centre, on Monks Road, had been confirmed.  The WIC would be open only at the weekends throughout February and would be closed fully by the end of February.  Comments from the Health Scrutiny Committee for Lincolnshire to ensure that alternative care provision be put in place to counteract that closure had been considered and actioned.  The Committee had been encouraged that their concerns had been noted and acted upon.

There were no announcements by Chief Officers.

No Call-Ins had been received.

No Councillor Calls for Action had been received.

(To receive a report by David Forbes (County Finance Officer) which provides the second budget monitoring report for the financial year 2017/18.  The report will be presented to the Executive on 6 February 2018 along with the comments of the Overview and Scrutiny Management Board.  The report compares the projected expenditure with the approved budget and provides explanations for any significant over or underspending)

Consideration was given to a report by the Executive Director of Finance and Public Protection which provided the second monitoring report for the financial year 2017/18, comparing the projected expenditure with the approved budget, including explanations for any significant over or underspend.  The report would be presented to the Executive on 6 February 2018 along with the comments of the Overview and Scrutiny Management Board.

David Forbes (County Finance Officer) presented the report and referred members to Table A on page 17 of the agenda pack which provided detail of the Commissioning Strategies delivered by the Council.  The Board was asked to note the following areas in particular:-

·       It was proposed to use the draw down from the Public Health Grant reserve to release £1.5m which would be redirected, via the Readiness for Schools commissioning strategy, to cover the reported overspend in Readiness for Adult Life on Supported Accommodation;

·       Page 22 of the agenda pack referred to Protecting and Sustaining the Environment and a potential underspend of £0.998m based on the latest waste tonnages, seasonality quantities and associate pricing as at the November contract update.  There were savings on reduced costs from mixed dry recycling and a reduced tonnage for composting and other areas of recycling which reflected the volatility of the waste industry;

·       Page 24 of the agenda pack referred to the National Living Wage at paragraph 1.48 (Other Budgets).  It was reported that the corporate provision for the National Living Wage was currently forecasting an £8.740m underspend which was primarily due to national living wage growth in Adult Care being funded by the new Better Care Fund (BCF) monies in 2017/18.  It was anticipated this would continue to be funded by the BCF for the next two years;

·       A dividend of £0.563m was received from Eastern Shires Purchasing Organisation (ESPO).  As a member of the ESPO joint committee, Lincolnshire County Council was entitled to receive a share of the dividend generated by the organisation; and

·       Overall, it was reported that the Council budget, in terms of Table A, was currently showing a projected underspend of £16.8m with an expected underspend of £20m-£21m by the year end.

Page 27 of the agenda pack referred to the Capital Programme at Table B.  It was reported that the Council had set aside £7.5m in a New Development Capital Contingency Fund for 2017/18 for capital schemes which may emerge during the financial year.  There had also been an underspend for 2016/17 of £7.718m which had been carried forward for schemes in 2017/18.

Members were invited to ask questions, during which the following points were noted:-

·       In answer to a question about the age group for the provision of accommodation for homeless young people, it was explained that this was provided for 16 to 17 years olds and care leavers up to the age of 25 years old.  This issue was being looked at currently as the change in legislation had resulted in increasing numbers which provided a significant issue in the  ...  view the full minutes text for item 78.

(To receive a report from Michelle Grady (Head of Finance – Communities) which describes the budget proposals for the next two financial years based on the four year funding deal announced by Government and updated by the 2018/19 Provision Local Government Finance Settlement.  The report specifically looks at the budget implications for two of the Council's commissioning strategies)

Consideration was given to a report by the Executive Director of Finance and Public Protection which provided the budget proposals for the next two financial years based on the four year funding deal announced by Government and updated by the 2018/19 Provisional Local Government Finance Settlement.  The report specifically looked at the budget implications for two of the Council's commissioning strategies.

Michelle Grady (Head of Finance – Communities) introduced the report and explained that Table B provided the services within the commissioning strategies and Table A set out the changes to each of those budgets. 

The Board noted the following cost pressures:-

·       There were proposed cost pressures of £0.309m in 2018/19 and £0.391m in 2018/20 to meet the Council's obligation to pay staff and some contractors the central government set national living wage;

·       There were cost pressures relating to increased property rates and utility costs of £0.165m in 2018/19 and an additional £0.181m in 2019/20;

·       A one-off cost pressure of £0.321m for the conclusion of the West Deeping minerals site archaeological costs;

·       Strategic Communications would have a cost pressure in 2018/19 relating to increased costs of the Lincolnshire Show of £0.015m; the publication and delivery of County News of £0.040m and the development of the Council's digital platform of £0.020m; and

·       Cost pressures within Information Management Technology (IMT) in 2018/19 were £4.436m and £0.200m in 2019/20.  These related to the licensing costs (£1.388m); a Data Protection Officer to ensure compliance with the General Data Protection Regulation (GDPR) (£0.048m); additional Technical Architect and Business Analyst posts (£0.2m) and the improvement of the technology enablers to improve the IMT supporting the Council's services (£3m).

Members were invited to ask questions, during which the following points were noted:-

·       The Council had taken a decision to cease the graduate programme for new entrants and also the Leadership Management Development Programme.  The focus would now be on apprenticeships as the Local Authority had paid an apprenticeship levy which could be clawed back through approved apprenticeship programmes.  It was confirmed that these apprenticeships were available at all levels of development and not solely for school leavers; and

·       Expenditure of £3m for the improvement of the technology enablers within IMT provided some concern for members.  Whilst this was generally accepted, a business case was requested to present the detail in order to justify this proposed budget.  Members were reminded that a Scrutiny Panel was reviewing this particular issue and would report back to the Executive later in the year.

RESOLVED

1.    That the report be noted; and

2.    That the comments noted below be passed to the Executive for consideration prior to its meeting on 6 February 2018:-

o       In answer to concern raised by a member of the Board about the decision to end the graduate programme for new entrants and the Leadership Management Development Programme, the Board was advised that the Council's focus was now on apprenticeships.  The Local Authority currently paid an apprenticeship levy and there were opportunities to claw some of the levy  ...  view the full minutes text for item 79.

(To receive a report by David Forbes (County Finance Officer) which provides the budget proposals, agreed by the Executive at its meeting on 19 December 2017, and includes the implications of the Provisional Local Government Finance Settlement which were received following that meeting)

Consideration was given to a report by the Executive Director of Finance and Public Protection which provided the budget proposals, agreed by the Executive at its meeting on 19 December 2017, and included the implications of the Provisional Local Government Finance Settlement.

David Forbes (County Finance Officer) introduced the report and referred the Board to the document tabled which replaced Table 2 on pages 48 and 79 of the agenda pack.  This table was the definitive version and the one which the Board gave consideration to.

All areas of service expenditure had been reviewed to identify cost pressures which must be funded and savings which could be made, through efficiencies and by reducing the level of service provided.  The Council remained aware of its high priority areas but no service had been exempt from helping the Council to deliver its savings target.  The Board was reminded of the high priority areas:-

·       Safeguarding children and adults;

·       Maintaining and developing highways and infrastructure;

·       Managing flood risks;

·       Supporting communities to support themselves; and

·       Fire and rescue services.

The Multi Year Funding Settlement provided the Council with confirmed minimum funding for Revenue Support Grant, Transitional Grant and Rural Services Delivery Grant from 2016/17 to 2019/20.  This was indicated in Table 1 on page 44 of the agenda pack with the level of funding for 2018/19 and 2019/20 having been built in to the Council's budget proposal.  The Government was to honour this agreement with one exception.  The Rural Services Delivery Grant had been expected to reduce for 2018/19 to £4.281m but this was now to be maintained at £5.565m.

The Better Care Fund (BCF) had three main funding streams – an element from Lincolnshire Clinical Commissioning Groups (CCGs); the Improved Better Care Fund grant from central government; and the (Supplementary) Improved Better Care Fund grant, also from central government.  These funding streams combined would provide the Council with £40.044m in 2018/19 and £46.343m in 2019/20 to fund Adult Care Services.  The Board was asked to note that the BCF would cease to exist in March 2020 and, if not replaced, would leave a £46m shortfall in the budget.

To avoid any confusion, the County Finance Officer explained that there had now been three versions of Table 2 (Summary Revenue Budget) circulated to the Board.  The version tabled at the meeting was the definitive version and the change from version to version was in relation to the use of reserves and income lines.  The Executive had wished to scale down the use of reserves and this was now proposed as £48m over two years as opposed to £77m over two years.

The table also incorporated the following information which was received from the District Councils in Lincolnshire in relation to Council Tax and Business Rates:-

·       Growth in the Council Tax base for all seven Lincolnshire Districts of 1.27% (£3.488m);

·       A surplus on the Council Tax element of the Collection Fund for all seven Lincolnshire Districts (£2.641m);

·       A deficit on the Business Rates element of the  ...  view the full minutes text for item 80.

(To receive a report by Jasmine Sodhi (Equalities and Performance Manager) which provides the outcomes and measures which make up the final draft Council Business Plan 2018-2020.  The report will be considered by the Executive in February 2018 following which it will be presented to Full Council on 23 February 2018 for approval)

Consideration was given to a report on behalf of the Chief Executive providing the outcomes and measures which made up the final draft Council Business Plan 2018-2020.  The Equalities Objectives (Appendix C) had been circulated as an addendum to the report.  The full report would be considered by the Executive at its meeting on 6 February 2018 following which it would be presented to Full Council on 23 February 2018 for approval.

The Board was advised that the intention was to have a two-year plan to mirror the two-year budget covering the period 2018 to 2020.

Appendix 1A presented the final Draft Council Business Plan, Appendix 1B presented the Changes from the Council Business Plan 2017/18 to 2018/2020 and Appendix 1C (circulated as an addendum) presented the Equalities Objectives.

Members were invited to ask questions, during which the following points were noted:-

·       Page 109 of the agenda pack noted that the Lincoln East West Link Road (Ref No. 80) had been removed from the Council Business Plan as the scheme was completed in January 2017.  It was confirmed that there had been no concerns with this scheme raised by the Board or the Highways and Transport Scrutiny Committee;

·       Adult Safeguarding had been removed and replaced with a range of more appropriate proposals;

·       Carers – despite this area not performing as well as expected, it was reflecting the actual strategy and had, therefore, been removed;

·       Protecting the Public (Youth Offending Victim Engagement) – this was being removed as it was no longer a priority measure, however this area would still be considered by the relevant scrutiny committee.  It was expected that the Youth Offending Manager would present a report on this issue to the Children and Young People Scrutiny Committee in March 2018;

·       The Board was content with the proposed additions to the measures; and

·       Nothwithstanding the requirement for all Council Members to be registered with the Information Commissioner's Office, it was agreed to recommend the inclusion of Councillors in the measure on page 115 relating to the information governance responsibilities of staff.

RESOLVED

1.    That the report be noted; and

2.    That the comment noted below be passed to the Executive for consideration prior to its meeting on 6 February 2018:-

o       In relation to changes to the wording of outcomes, the Board felt that elected members, as well as staff, should also be made aware of their information governance responsibilities.  The outcome in relation to measures 96 and 97 should therefore read:  "Staff and elected members are made aware of their information governance responsibilities".

(To receive a report from Nigel West (Head of Democratic Services and Statutory Scrutiny Officer) which invites the Board to determine the process by which topics for scrutiny reviews should be decided)

Consideration was given to a report by the Executive Director responsible for Democratic Services which invited the Board to determine the process by which topics for scrutiny reviews should be decided.

Nigel West (Head of Democratic Services and Statutory Scrutiny Officer) introduced the report and recommended that the number of reviews be limited to two at any one time due member and officer capacity.

It was recommended that the final decision on whether a review was to take place should rest with the Overview and Scrutiny Management Board, following consultation with officers, as suggested within the report on page 118 of the agenda pack.

During discussion, the following points were noted:-

·       The Highways and Transport Scrutiny Committee had agreed a suggestion of 'Sponsorship of Roundabouts' as a scrutiny review topic and referred this to the Board for consideration.  The topic had caused some debate and it was suggested that this area may cross over with other committees such as the Environment and Economy Scrutiny Committee and the Public Protection and Communities Scrutiny Committee;

·       A review to look at a potential gap in the transition for children in care moving into adulthood was suggested;

·       Members were encouraged to submit a form with any suggestions which could then be considered.  In order to enable a discussion at the Overview and Scrutiny Management Board, all questions on the form should be answered 'yes'; and

·       It was confirmed that Scrutiny Panels replaced Task and Finish Groups, although scrutiny committees could still have Working Groups to look at specific issues.

RESOLVED

1.    That the limit of no more than two reviews at any one time be agreed; and

2.    That the Overview and Scrutiny Management Board make the final decision on whether a review takes place be agreed.

(To receive a report which sets out the work programmes of the Children and Young People Scrutiny Committee and the Public Protection and Communities Scrutiny Committee in accordance with the Board's agreed programme)

The Board considered the work programmes of two scrutiny committees where the following points were noted:-

Children and Young People Scrutiny Committee

Councillor R L Foulkes, Chairman of the Children and Young People Scrutiny Committee, introduced the Work Programme and confirmed that a change had been made to the work programme since it was published.  Children's Services Annual Complaints report had been added to the meeting on 9 March 2018.

Two meetings had taken place since the last update to the Board in September 2017, and the key issues considered included:-

·       Proposed Changes to Enhanced Resource Provision Units Supporting Children with Hearing Impairments;

·       Building Communities of Specialist Provision for Children and Young People with Special Educational Needs and Disabilities;

·       Alternative Education Provision for Key Stage Four Pupils;

·       National Funding Formula for Mainstream Schools; and

·       Inclusive Lincolnshire Strategy.

Councillor Foulkes also asked the Board to note the following:-

·       Consideration of Supported Accommodation for Looked After Children would take place on 20 April 2018.  A scrutiny review into that area had taken place over two years ago;

·       The committee was keen to encourage consultations with young people and was in discussions with the Lincolnshire Youth Council.  There was a proposal to include a section on future scrutiny reports to ask if the Youth Council had been consulted, as it was felt important to include the views of young people on issues which may affect them;

·       A member of the Youth Council was expected to attend the meeting on 9 March 2018 to give their views on the Restorative Panels Pilot report.  The Youth Council was a good organisation but, at present, did not appear to link with other organisations to have their views heard;

·       Prevent and the Implications for Children and Young People was listed on the Work Programme for 20 April 2018.  A presentation on Prevent was to be given to the Youth Council and their comments on this presentation would be presented to the Committee at that meeting; and

·       Councillor Foulkes gave thanks to both Simon Evans (Health Scrutiny Officer) and Daniel Steel (Scrutiny Officer) for their recent, and continued, support with the Children and Young People Scrutiny Committee.

During discussion, the following points were noted:-

·       Although the Youth Council was an excellent way of engaging with young people, it was suggested that the young people who really needed engagement were not part of these types of organisations.  The difficulty was finding a way to reach all young people;

·       Post Adoption Support was listed under 'items to be programmed' and one member stressed the importance of this issue. It was suggested that support to the adoptive parents ceased when a child was placed which may have been partially responsible for the failure of some adoptions;

At 12.15pm, Councillor M Brookes, left the meeting and did not return.

·       Members were invited to attend the next meeting of the Children and Young People Scrutiny Committee to give their views in person should they wish to do so; and

·       It was noted that  ...  view the full minutes text for item 83.

(To receive a report which enables the Board to consider and comment on the content of its work programme for the coming year to ensure that scrutiny activity is focussed where it can be of greatest benefit)

The Board was provided with an opportunity to consider its own work programme.

The Board was advised that the Property Company item for pre-decision scrutiny would be presented to the meeting on 1 March 2018.

It was also suggested to move the Board's meeting on 26 July 2018 to 30 August 2018 to allow the Quarter 1 2018/19 Performance Report to be considered prior to the meeting of the Executive on 4 September 2018.  It was proposed and agreed to discuss this at the next meeting, giving members an opportunity to check their diaries.

The Chairman requested that Appendix A to the report be amended to remove Councillor L A Cawrey and add Councillor R Wootten as Vice-Chairman.

RESOLVED

          That the Overview and Scrutiny Management Board Work Programme, including the amendment noted above, be agreed.